Disability income for injury prior to marriage

Have been married for 16 years. My soon to be ex was in the military prior to our marriage. While in the military, he suffered an injury that resulted in permanent hearing loss in one ear. He filed for disability income a couple of years after we were married and finally started receiving payments last year. Am I entitled to a portion of the disability income under the equitable distribution?

In equitable distribution, no, you would not be entitled to any of his disability payments since the payments are related to an injury sustained before the date of marriage. Therefore, the disability payments are his separate property.

You may be able to argue that his disability payments are income, rather than property, for child support and/or alimony purposes.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.